CHILD CARE SUBSIDY REGULATION 74/97

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1 PDF Version [Printer friendly ideal for printing entire document] CHILD CARE SUBSIDY REGULATION 74/97 Published by DISCLAIMER: These documents are provided for private study or research purposes only. Every effort has been made to ensure the accuracy and completeness of the material; however, cannot guarantee its legal accuracy and does not accept responsibility for loss or inconvenience suffered by users as a result of inaccuracies. The material is not admissible in a court of law in accordance with the Evidence Act of British Columbia. For such purposes official Queen s Printer copies of Acts and regulations must be obtained.

2 CHILD CARE SUBSIDY REGULATION 74/97 B.C. Reg. 74/97 [includes B.C. Reg. 247/2006 amendments (effective September 8, 2006)] Contents 1. Definitions 2. What types of child care may be subsidized" 3. Circumstances in which subsidy may be provided 4. How to apply for a subsidy 5. Citizenship requirements 6. Residency requirement 7. Income test 8. Amount of subsidy 9. How monthly net income is calculated 9.1 Self employment program exemptions 9.2 Withdrawals and expenditures from reserve account 10. How child's threshold is calculated 11. If a child needs more than one type of child care 11.1 Access to preschool 12. Applicant must be notified of outcome 13. Will a subsidy be paid for child care provided before completion of the application" 14. Notifying the minister of change in circumstances 15. Accounts and payment 16. If a child is absent or is withdrawn without notice 17. Reconsideration of decisions 18. Status of decisions pending appeal 19. Prescribed Acts 20. Repealed Schedule A [Provisions of the Child Care Subsidy Act, R.S.B.C. 1996, c. 26, relevant to the enactment of this regulation: section 13] Definitions 1. In this regulation: "Act" means the Child Care Subsidy Act; "applicant" means a parent who applies under section 4 for a child care subsidy; Page 2 of 16

3 "basic child tax benefit" means the Canada child tax benefit exclusive of that portion attributed to the national child benefit supplement; "BC basic family bonus" means an amount under section 10 (3) of the Income Tax Act (British Columbia); "BC earned income benefit" means an amount under section 10 (3) of the Income Tax Act (British Columbia); "business day" means a day other than Saturday, Sunday or another holiday listed in the Interpretation Act; "Canada child tax benefit" means an amount deemed to be an overpayment on account of a person's liability for the taxation year as determined under section of the Income Tax Act (Canada) and includes the child disability benefit; "child" means an unmarried person under 19 years of age; "child disability benefit" means a supplement to the Canada child tax benefit received by families with a child who meets the criteria for the Disability Tax Credit provided under the Income Tax Act (Canada); "child with special needs" means a child who has a physical, intellectual, emotional, communicative or behavioral impairment, and who, in the minister's opinion, requires additional support services because of that impairment; "child's threshold" means the threshold income level calculated for a child under section 10 (1). "dependant", in relation to a parent, means anyone who resides with the parent and who is the spouse of the parent, (c) (d) is a dependent child of the parent, shares with the parent income or assets or any necessities of life obtained with the income or assets, or indicates a parental responsibility for the parent's child; "dependent child" means a child who resides in the parent's place of residence and relies on the parent for the necessities of life, but does not include a child who is 18 years of age and is a person with disabilities; "employment income" means income arising from employment, but does not include any amount deducted at source for income tax, (c) (d) (e) (f) (g) employment insurance, medical insurance, Canada Pension Plan, superannuation, company pension plan, or union dues; "employment related program" has the same meaning as in section 1 of the Employment and Assistance Regulation; "family" means a parent and the parent's dependants; Page 3 of 16

4 "family bonus" means an amount consisting of the sum of the BC basic family bonus and the national child benefit supplement; "family's monthly net income" means the monthly net income calculated for a family under section 9; "licence not required child care setting" means a child care setting that is in the home of the primary caregiver, need not be licensed under the Community Care and Assisted Living Act, and (c) is not registered under the Child Care Resource and Referral Program in accordance with the standards specified in the Child Care Resource and Referral Program Standards Manual that is on file with the office of the Deputy Minister, but does not include the family home of a child being cared for in the setting; "licenced preschool" means a preschool described in paragraph (c) of the definition of "licensed child care setting"; "licensed child care setting" means any of the following types of facilities operated under a licence, issued under section 11 of the Community Care and Assisted Living Act; group day care, under 36 months; (c) (d) (e) (f) (g) group day care, 30 months to school age; preschool, 30 months to school age; special needs day care; family child care; out of school care; emergency care; "minister", in relation to a power, duty or function that the minister has delegated under section 12 of the Act to another person, includes that other person; "month" means a calendar month; "national child benefit supplement" means 1/12 of the amount of the portion "C" in the formula 1/12 [(A B)+C] as set out in section of the Income Tax Act (Canada); "permitted operating expenses" means costs, charges and expenses incurred by a person in self employment for the following: purchase of supplies and products; (c) (d) (e) (f) accounting and legal services; advertising; taxes, fees, licences and dues incurred in (i) a small business under a self employment program in which the person is participating, or (ii) self employment, if the person is self employed but is not participating in a self employment program; business insurance; charges imposed by a savings institution on an account and interest; Page 4 of 16

5 (g) (h) (i) (j) (k) (l) maintenance and repairs to equipment; gross wages paid to (i) employees of a small business under a self employment program in which the person is participating, not including wages paid to (A) the person participating in the self employment program, or (B) a member of the family of the person participating in the self employment program; (ii) if the person is self employed but is not a participating in a self employment program, employees of that person, other than wages paid by that person to his or her family; motor vehicle expenses; employer contributions to an employee benefit program; rent and utilities; office expenses; "person with disabilities" means a person who is 18 years of age or older and is approved for receipt of, or is receiving, benefits or services under a program of a provincial or the federal government to assist the person to perform daily living activities because that person's capacity to perform those activities is restricted by his or her physical or mental impairment; "registered licence not required child care setting" means a child care setting that is in the home of the primary caregiver, need not be licensed under the Community Care and Assisted Living Act, and (c) is registered under the Child Care Resource and Referral Program in accordance with the standards specified in the Child Care Resource and Referral Program Standards Manual that is on file with the office of the Deputy Minister, but does not include the family home of a child being cared for in the setting; "self employment income" means any income earned from self employment but does not include any amount deducted for permitted operating expenses; "self employment program" means a program, established or funded under the Employment and Assistance Actor the Employment and Assistance for Persons with Disabilities Act, to assist a person to be self employed as proprietor of, or partner in, a small business; "spouse", in relation to a parent, means anyone who is married to the parent, or is living with the parent in a marriage like relationship; "Young Parent Program" means a child care program located at or near a secondary school which provides child care for children of parents completing their secondary education and which is recognized by the minister as a Young Parent Program. [am. B.C. Regs. 234/98; 427/99; 346/2000; 57/2002; 262/2002; 200/2004; 387/2004; 493/2004; 121/2005; 281/2005.] What types of child care may be subsidized" Page 5 of 16

6 2. The minister may pay a child care subsidy if the child care is provided in a licensed child care setting, in a licence not required child care setting, (b.1) in a registered licence not required child care setting, or (c) in the child's own home, but only if the child care is provided by someone other than a person who (i) is a relative of the child or a dependant of the parent, and (ii) resides in the child's home. [am. B.C. Reg. 281/2005.] Circumstances in which subsidy may be provided 3. (1) The minister may pay a child care subsidy only if the minister is satisfied that the child care is needed for one of the reasons set out in subsection (2), or the child care is arranged or recommended under the Child, Family and Community Service Act. (2) For the purpose of subsection (1), the child care must be needed for one of the following reasons: in a single parent family, because the parent (i) (ii) is employed or self employed, attends an educational institution, or (iii) is seeking employment or participating in an employment related program; (iv) has a medical condition that interferes with the parent's ability to care for his or her child; in a two parent family, because (i) each parent is employed or self employed, attends an educational institution or participates in an employment related program, (ii) one parent is engaged in an activity listed in subparagraph (i) and the other is seeking employment, (iii) one parent is engaged in an activity listed in subparagraph (i) and the other parent has a medical condition that interferes with that parent's ability to care for his or her child, or (iv) Repealed. [B.C. Reg. 57/2002.] (v) each parent has a medical condition that interferes with their ability to care for their child. (3) Repealed. [B.C. Reg. 57/2002.] (4) The restriction in subsection (1) does not apply in respect of child care provided in a licensed preschool. [am. B.C. Regs. 57/2002; 262/2002; 294/2002; 387/2004; 121/2005.] How to apply for a subsidy 4. (1) To be eligible for a child care subsidy, a parent must Page 6 of 16

7 complete an application in the form required by the minister, supply the minister with the social insurance number of the parent and each adult dependant, and (c) supply the minister with proof of the identity of each member of the family and proof of eligibility for a child care subsidy. (2) Only one parent in the family may apply for a child care subsidy. (3) A parent ceases to be eligible for a child care subsidy on the date that is 6 months after the date of application under subsection (1) or (4), as applicable, unless, before that date, the parent provides to the minister confirmation of that parent's continuing eligibility and need for the child care subsidy. (4) A parent ceases to be eligible for a child care subsidy on the date that is 12 months after the date of application under subsection (1) or this subsection, as applicable, unless, before that date, the parent completes an application referred to in subsection (1) and otherwise complies that subsection. [am. B.C. Reg. 218/2003.] Citizenship requirements 5. An applicant is eligible for a child care subsidy only if the applicant (i) Residency requirement is a Canadian citizen, (ii) is authorized under an enactment of Canada to take up permanent residence in Canada, or (iii) is determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada) to be a Convention refugee. Repealed. [B.C. Reg. 281/2005.] [am. B.C. Regs. 251/98; 219/2003; 281/2005.] 6. An applicant is eligible for a child care subsidy only if the applicant is a resident of British Columbia. Income test 7. An applicant is not eligible for a child care subsidy for a child receiving a type of child care if the family's monthly net income exceeds the child's threshold, and Amount of subsidy the result of the calculation under section 8 (2) for the child is not more than zero. [en. B.C. Reg. 281/2005.] 8. (1) If a family's monthly net income does not exceed a child's threshold, the amount of child care subsidy for the child in respect of a type of child care is the amount set out in Schedule A or the parent fee, whichever is less, for the type of child Page 7 of 16

8 care. (2) If a family's monthly net income exceeds a child's threshold, the amount of child care subsidy for the child in respect of a type of child care is A B where A = the amount set out in Schedule A or the parent fee, whichever is less, for the type of child care; B = the amount of A for the child, divided by the sum of the amounts of A for all children in the family receiving child care described in section 2, multiplied by 50% of the amount by which the family's monthly net income exceeds the child's threshold. (2.1) Repealed. [B.C. Reg. 388/2004]. (3) If child care is required for less than 20 days per month, the child care subsidy will be prorated based on the daily rate set out in Schedule A or the daily parent fee, whichever is less. (4) If the child care is arranged or recommended where a risk assessment and written risk reduction plan have been completed by staff delegated under the Child, Family and Community Service Act, or recommended under the Child, Family and Community Service Act for a parent participating in a Young Parent Program, the minister may pay any increase in the amount of the child care subsidy that the minister considers necessary to ensure that the child care is provided. (5) In this section, "parent fee" means the payment made by the parent for a child care space. [am. B.C. Regs. 390/2000; 57/2002; 388/2004; 493/2004; 281/2005.] How monthly net income is calculated 9. (1) The monthly net income of a family is calculated by adding the income that each person in the family receives per month, including, but not limited to, the following: employment income; self employment income; (c) maintenance paid to a spouse or child in the family; (d) employment insurance benefits; (e) workers' compensation benefits; (f) training allowances; (g) investment income, including interest; (h) tips and gratuities; (i) money earned by providing room and board, less essential operating costs; (j) rental income of any kind, less essential operating costs; (k) grants, bursaries or scholarships, except (i) the amount for tuition or books, and (ii) with respect to grants provided under the British Columbia Student Assistance Program, $50 for each week covered by the grant. (2) When calculating net income under subsection (1), the following are considered Page 8 of 16

9 (ADD) Sep 08/06 not to be income: income earned by a dependent child; the basic family care rate for foster homes; (c) assistance paid under the Employment and Assistance Act or assistance paid under the Employment and Assistance for Persons with Disabilities Act; (d) a family bonus; (e) the basic child tax benefit; (f) a goods and services tax credit under the Income Tax Act (Canada); (g) a sales tax credit under the Income Tax Act (British Columbia); (h) the BC earned income benefit; (i) maintenance paid for, and passed on to, a person with disabilities or a person aged 19 or older; (j) a rent subsidy provided by the provincial government, or by a council, board, society or governmental agency that administers rent subsidies from the provincial government; (k) an income tax refund, or part of an income tax refund, that arises by reason of a payment made by the government of British Columbia to the government of Canada on behalf of a person who incurred a tax liability due to income received under the Forest Worker Transition Program; (l) money paid or payable to a person in settlement of a claim of abuse at an Indian residential school, except money paid or payable as income replacement in the settlement; (m) post adoption assistance payments provided under section 28 (1) or 30 (1) of the Adoption Regulation, B.C. Reg. 291/96; (n) a rebate of energy or fuel tax provided by the government of Canada, the government of British Columbia, or an agency of either government. (o) payments granted by the government of British Columbia for the Ministry of Children and Family Development's Autism Funding: Under Age 6 Program; (p) payments granted by the government of British Columbia for the Ministry of Children and Family Development's Autism Funding: Ages 6 18 Program; (q) payments granted by the government of British Columbia under section 8 of the Child, Family and Community Service Act [agreement with child's kin and others]; (r) payments granted by the government of British Columbia under an agreement referred to in section 93 (1) (g) (ii) of the Child, Family and Community Service Act; (s) payments granted by the government of British Columbia under the Ministry of Children and Family Development's At Home Program; (t) loans provided under the British Columbia Student Assistance Program or under a student loan program of the federal government, the government of a province or the government of a jurisdiction outside Canada. (u) a benefit paid under section 4 (1) of the Universal Child Care Benefit Act (Canada). (3) If the monthly net income of the family varies during a calendar year, the minister may calculate their monthly net income by estimating the annual net income that everyone in the family, other than a dependent child, will receive in the calendar year, and dividing the estimated annual net income by 12. Page 9 of 16

10 [am. B.C. Regs. 234/98; 110/99; 229/2000; 328/2000; 340/2000; 413/2000; 29/2001; 85/2001; 262/2002; 205/2003; 493/2004; 121/2005; 281/2005; 247/2006.] Self employment program exemptions 9.1 (1) In this section and section 9.2, "permitted operating expenses" includes equipment purchases or rentals, but does not include employer contributions to an employee benefit program, other than employer contributions for employment insurance, Workers Compensation or the Canada Pension Plan, or rent and utilities for the residence of the persons described in clauses (A) or (B) of paragraph (h) (i) of the definition of "permitted operating expenses" in section 1, unless (i) there is an increase for rent or utilities and the increase is attributable (ii) to the small business, and the increase is not provided for in the calculation of the family s shelter allowance under the Employment and Assistance Regulation or the Employment and Assistance for Persons with Disabilities Regulation. (2) Income of a recipient of income assistance under the Employment and Assistance Act or disability assistance under the Employment and Assistance for Persons with Disabilities Act is exempted from the total income of the recipient s family if the recipient is participating in a self employment program, and the income is derived from a small business under the self employment program in which the recipient is participating and (i) is used for permitted operating expenses of the small business, or (ii) (iii) is deposited in a separate account, established by the recipient in a savings institution, which account (A) consists exclusively of funds reserved by the recipient for the purpose of paying permitted operating expenses of that small business, and (B) the amount deposited does not increase the current balance of the separate account to a sum that exceeds $5 000, or is used for costs of renovation to the recipient's place of residents if (A) (B) the renovations are part of a business plan accepted, under a self employment program, by the minister charged with responsibility for the Employment and Assistance Act and the Employment and Assistance for Persons with Disabilities Act, and the costs do not exceed $5 000 or a greater amount approved by that minister. [en. B.C. Reg. 427/99; am. B.C. Regs. 262/2002; 200/2004.] Withdrawals and expenditures from reserve account 9.2 The amount of any expenditure or withdrawal out of a separate account described in section 9.1 (2) (ii), is self employment income for all purposes of this regulation, unless Page 10 of 16

11 the expenditure or withdrawal is for the payment of permitted operating expenses of the small business referred to in section 9.1 (2), and in the case of a withdrawal, the amount withdrawn is used within one month after the date of withdrawal to pay permitted operating expenses of the small business referred to in section 9.1 (2). [en. B.C. Reg. 427/99.] How child's threshold is calculated 10. (1) The threshold income level for a child receiving a type of child care is calculated by adding the base threshold income level applicable under subsection (2) for the child's family, and the amounts applicable to the child under subsection (3). (2) The base threshold income level for a child's family is the amount set out in Column 2 opposite the family's size in Column 1: Column 1 Family Size 2 persons $ persons $ persons $ persons $ persons $ persons $ persons $ persons $ persons $2 206 more than 10 persons Column 2 Base Threshold Income Level $2 206 for the first 10 plus $123 for each additional person (3) The base threshold income level for a child is increased as follows: by $125 per month for each person in the child's family who (i) (ii) (iii) a child with special needs, a person with disabilities, or has reached 65 years of age; by $515 per month for a child who (i) (ii) has not reached 6 years of age and is receiving child care (A) (B) in a licence not required child care setting, or in the child's own home as described in section 2 (c), or has reached 6 years of age and is receiving child care in any child care setting; Page 11 of 16

12 (c) (d) by $1 500 per month if the child has not reached 6 years of age and is receiving child care (i) in a licensed child care setting, or (ii) in a registered licence not required child care setting; by $100 per month if the child (i) is a child with special needs, and (ii) receives a type of child care described in section 2. [en. B.C. Reg. 281/2005.] If a child needs more than one type of child care 11. Subject to section 11.1, if a child needs a combination of any of the types of child care listed in section 2 and the parent is eligible for a child care subsidy, the minister may pay a child care subsidy for each of those types of child care. [am. B.C. Reg. 281/2005.] Access to preschool 11.1 (1) If the minister provides a child care subsidy for a child described in subsection (2) to attend 20 full days per month at a child care setting, other than a child care setting described in paragraphs to (d), (f) or (g) of the definition of "licensed child care setting" in section 1, the minister may provide an additional child care subsidy for that child to receive child care for up to 20 half days per month in a licensed preschool. (2) Subsection (1) applies only in relation to a child who has reached 30 months of age but who has not reached school age. [en. B.C. Reg. 281/2005.] Applicant must be notified of outcome 12. (1) The minister must notify the applicant as to whether or not the application is approved. (2) If the application is not approved, the notification must be in writing and must include the minister's reason for refusing to pay a child care subsidy. Will a subsidy be paid for child care provided before completion of the application" 13. (1) A child care subsidy may be paid from the first day of the month in which the parent completes an application under section 4. (2) If there is undue delay in scheduling the appointment for application or an administrative error has been made, a child care subsidy may be paid for child care provided in the 30 days before the parent completes an application under section 4. Notifying the minister of change in circumstances 14. The notification required by section 5 (2) of the Act must be given in writing, in person or by telephone, as soon as possible after any change in circumstances affecting the Page 12 of 16

13 eligibility of the parent, and to an employee in the local ministry office. Accounts and payment 15. (1) Child care providers must submit billing for child care subsidies to the minister in the manner and form specified by the minister. (2) The minister must pay child care subsidies for child care described in section 2 (c) directly to the parent, and child care subsidies for child care described in section 2, or (b.1) directly to the child care provider. (3) Despite subsections (1) and (2), a non profit agency providing child care support services may pay the caregiver and submit accounts to the ministry for reimbursement. (4) If a licence issued for a child care setting under the Community Care and Assisted Living Act is cancelled, the minister may accept, for up to 30 days after the date the licence is cancelled, billing for subsidized child care provided in that setting. (5) No child care subsidy will be paid to a child care provider under subsection (2) for a day on which the child care setting is closed, unless the day is a statutory holiday. (6) In subsection (5), "statutory holiday" means any day, except Sunday, that is listed as a holiday in the Interpretation Act. [am. B.C. Regs. 387/2004; 281/2005.] If a child is absent or is withdrawn without notice 16. (1) The minister may continue to pay a child care subsidy for a period of up to 2 weeks for child care provided in a licensed child care setting or, a registered licence not required child care setting or a licence not required child care setting, if a child is absent because the child is on vacation, or the child or parent is ill. (2) The child care provider must record the reason for the absence in an attendance register. (3) If a child for whom a child subsidy is paid is withdrawn without notice from a child care setting, other than the child's own home, or at any time before the end of a month and the vacancy is not filled, the minister may pay the following to the operator of the setting: Reconsideration of decisions the monthly child care subsidy, if during that month the child attended the setting for 1/2 or more of the month; 1/2 of the monthly subsidy, if the child attended the setting for less than 1/2 of the month. [am. B.C. Reg. 281/2005.] 17. (1) A person who wishes the minister to reconsider a decision made under the Act must deliver to the ministry office where the decision was made a request for Page 13 of 16

14 reconsideration that is in the form specified by the minister, and is delivered within 20 business days after the person is notified of that decision. (2) A request for reconsideration may be delivered under subsection (1) by leaving it with an employee in the ministry office, or by mailing it by registered mail to the person in charge at that office. (3) A request for reconsideration that is mailed in accordance with subsection (2) is deemed to have been delivered 3 business days after the mailing date. (4) If a request for reconsideration is not delivered in the time required by subsection (1), the person is deemed to have accepted the decision, and the decision is not open to review in a court or subject to appeal to a tribunal or other body. (5) Within 10 business days after receiving a request for reconsideration under subsection (1), the minister must reconsider the decision, and provide the person who delivered the request with a written decision on the request. (6) If a request for reconsideration is delivered under this section about a decision that results in a discontinuation or reduction of a child care subsidy, that decision is set aside until the minister reconsiders the decision, and provides the person who delivered the request with a written decision on the request. (7) If a request for reconsideration is delivered under this section about a decision that results in a refusal of a child care subsidy, that decision stands until the minister reconsiders the decision, and Status of decisions pending appeal provides the person who delivered the request with a written decision on the request. [am. B.C. Reg. 262/2002.] 18. (1) In this section, "tribunal" means the Employent and Assistance Appeal Tribunal. (2) If an appeal is commenced under section 84 of the Employment and Assistance Regulation about a decision that results in a discontinuation or reduction of a child care subsidy, the decision is set aside until the tribunal considers the appeal and delivers a decision to the appellant in accordance with that regulation. (3) If an appeal is commenced under section 84 of the Employment and Assistance Regulation about a decision that results in a refusal to pay a child care subsidy, the decision stands until the tribunal considers the appeal and delivers a decision to the appellant in accordance with that regulation. [en. B.C. Reg. 281/2005.] Prescribed Acts Page 14 of 16

15 19. The following Acts are prescribed for the purposes of section 7 (4) of the Act: Employment and Assistance Act; Employment and Assistance for Persons with Disabilities Act. [en. B.C. Reg. 262/2002.] Repealed 20. Repealed. [B.C. Reg. 281/2005.] Type of Child Care Licensed Group Care G1 Group (0 18 G2 Group (19 36 G3 Group (over 36 G4 Group (6 years and over) Licensed Family Child Care J1 L Family (0 18 J2 L Family (19 36 J3 L Family (over 36 J4 L Family (6 years and over) Licensed out of School Child Care Schedule A [en. B.C. Reg. 281/2005.] (Section 8) 4 Hours or Less Daily unless both before and after school care provided More than 4 Hours Daily or both before and after school care provided $ Per Day $ Per Month $ Per Day $ Per Month Subsidy Rates for Licensed Child Care Settings L1 Kindergarten Page 15 of 16

16 L2 Grade 1 and up Licensed Preschool N1 (30 months school entry) Subsidy Rates for Licence not required Child Care Settings F1 LNR ( F2 LNR (19 36 F3 LNR (over Subsidy Rates for Registered Licence not required Child Care Settings R1 RLNR (0 18 R2 RLNR (19 36 R3 RLNR (37 72 R4 RLNR (6 years and over) H1 (1 st child 0 18 H2 (1 st child over 18 H3 (2 nd child 0 18 H4 (each additional child) Subsidy Rates In the Child's Own Home Child Care Setting (as described in section 2 (c)) [Provisions of the Child Care Subsidy Act, R.S.B.C. 1996, c. 26, relevant to the enactment of this regulation: section 13] Page 16 of 16

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